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SWACKARD v. COMMISSION HOUSE DRIVERS UNION LOCAL NO. 400

No. 79-3722.

647 F.2d 712 (1981)

Alex SWACKARD, Plaintiff-Appellee, v. COMMISSION HOUSE DRIVERS UNION LOCAL NO. 400, Trustees of the Commission House Drivers Union Local No. 400 Pension Trust, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided May 11, 1981.

Rehearing and Rehearing Denied June 22, 1981.

Attorney(s) appearing for the Case

Rudolph J. Geraci, Geraci & LaPerna Co., Cleveland, Ohio, for defendants-appellants.

Fred D. Shapiro, Shapiro, Turoff & Gisser, Alan S. Belkin, Cleveland, Ohio, for plaintiff-appellee.

Before ENGEL, KENNEDY and BOYCE F. MARTIN, Jr., Circuit Judges.

Rehearing and Rehearing En Banc Denied June 22, 1981.

PER CURIAM.

This case poses the question of whether Alex Swackard is eligible to receive disability benefits from the Pension Trust of the Commission House Drivers Union Local No. 400. Swackard was employed by a participating employer from 1953 to 1962 and from 1965 to 1975. He claims that sometime prior to August of 1976 he became totally disabled. His application...

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